Amending a Foreign Ad Rep Office License

Amending a Foreign Ad Rep Office License is a mandatory legal process when there are changes to the licensed content. Correctly executing this procedure ensures operational continuity and helps the enterprise avoid unnecessary legal risks. This article by Long Phan Consulting Company will analyze in detail the regulations on jurisdiction, dossiers, and the procedure for this process.

Competent Authority for Amending the Establishment License for a Foreign Advertising Enterprise’s Representative Office

According to Subsection 3.6, Section 3, Part II of Decision No. 3808/QD-BVHTTDL, the provincial-level People’s Committee is the competent authority to decide on the amendment and supplementation of the Representative Office Establishment License. This jurisdiction is assigned to the provincial level to ensure the management of foreign representative offices aligns with local socio-economic conditions and development planning.

After issuing the amended and supplemented license, the provincial-level People’s Committee is responsible for sending a copy of the license to the Ministry of Culture, Sports and Tourism for coordinated monitoring and nationwide management.

Procedure Submission Method

As stipulated in Subsection 3.2, Section 3, Part II of Decision No. 3808/QD-BVHTTDL, the foreign advertising enterprise or its authorized representative must submit the dossier directly to the headquarters of the provincial-level People’s Committee where the representative office is located.

Direct submission allows the receiving officer to immediately check the completeness and validity of the dossier components and guide the enterprise to supplement or adjust if necessary. This minimizes the risk of the dossier being returned due to deficiencies, thereby shortening the overall processing time.

>>> See more at: Outdoor Advertising Permit for Real Estate: A Guide

Regulations on Procedure Implementation

To complete the procedure for amending a Foreign Ad Rep Office License, the enterprise must strictly adhere to the regulations on dossier components and implementation steps. These two core factors determine the validity and resolution time of the entire process. Preparing a complete and accurate dossier as required is the prerequisite for swift processing by the competent authority.

Dossier Components

A valid dossier is a mandatory requirement for the state agency to process the application. According to Subsection 3.3, Section 3, Part II of Decision No. 3808/QD-BVHTTDL, the enterprise needs to prepare one (01) set of dossiers including the following documents:

• Application for amendment and supplementation of the Representative Office Establishment License: This document must be made according to Form No. 04, Appendix III, issued with Circular No. 13/2023/TT-BVHTTDL dated October 30, 2023, by the Minister of Culture, Sports and Tourism. The application must be signed by an authorized representative of the foreign advertising enterprise.
• Certified copy of the issued Representative Office Establishment License: This is a copy certified according to Vietnamese law for comparison with the proposed amendments and supplementations.

The dossier must be presented clearly, without erasures, and the declared information must be consistent and accurate.

>>> See more: Form No. 04 – Appendix III issued with Circular No. 13/2023/TT-BVHTTDL

Implementation Steps

According to Subsection 3.1, Section 3, Part II of Decision No. 3808/QD-BVHTTDL, the procedure is carried out in the following steps:

Step 1: Dossier Submission: A foreign advertising enterprise applies for the amendment and supplementation of its Representative Office Establishment License in the following cases by directly submitting one (01) set of dossiers to the provincial-level People’s Committee where the Representative Office is located:

• Change of name;
• Change of scope of activities;
• Change of the head of the office;
• Change of office location within one province or centrally-run city.

Step 2: Receipt and Processing: The provincial-level People’s Committee receives and checks the validity of the dossier. Within 10 days from the date of receiving a complete and valid dossier, this authority is responsible for reviewing and issuing the amended and supplemented License and sending a copy of that license to the Ministry of Culture, Sports and Tourism.

Step 3: Notification: After issuing the license, the provincial-level People’s Committee will send a copy of that license to the Ministry of Culture, Sports and Tourism for reporting and general management purposes.

>>> See more at: Advertising Business Licensing Service

Regulation on Amendment and Supplementation Costs

According to Point b, Clause 1, Article 4 of Circular No. 165/2016/TT-BTC dated October 25, 2016, of the Ministry of Finance (and as stipulated in Subsection 3.8, Section 3, Part II of Decision No. 3808/QD-BVHTTDL), the fee for amending and supplementing the Establishment License of a foreign advertising enterprise’s representative office in Vietnam is VND 1,500,000 per license.

This is a fixed fee, applicable nationwide. The enterprise is responsible for paying this fee to the state budget as guided by the dossier-receiving agency, usually at the State Treasury or through payment channels specified by the provincial-level People’s Committee. Fulfilling the fee payment obligation is one of the conditions for receiving the amended and supplemented License.

Consulting Services of Long Phan Consulting Company

Although the procedure for amending a Foreign Ad Rep Office License is clearly regulated, issues can still arise during practical implementation. To ensure the process is conducted quickly, accurately, and in full compliance with legal regulations, Long Phan Consulting Company provides professional and comprehensive consulting services. We commit to accompanying our clients to resolve all legal difficulties.

The services of Long Phan Consulting Company include:

• Analyzing cases that require the license amendment and supplementation procedure.
• Providing detailed advice on the requirements under current regulations for the content changes.
• Objectively assessing feasibility based on the documents provided by the client.
• Assisting in accurately completing the Application form according to the latest state agency template.
• Guiding clients in preparing certified copies of necessary documents.
• Reviewing the entire dossier to ensure completeness and validity before submission.
• Acting on the client’s behalf to submit the dossier at the provincial-level People’s Committee.
• Monitoring the processing progress, proactively working with the competent authority to clarify any arising issues.
• Receiving the amended and supplemented License and delivering it to the client.

Frequently Asked Questions

Below are frequently asked questions regarding the procedure for amending the Establishment License of a foreign advertising enterprise’s representative office.

Which authority is competent to amend and supplement the Establishment License for a foreign advertising enterprise’s representative office in Vietnam?

The provincial-level People’s Committee where the representative office is located is the competent authority to issue the decision to amend and supplement the License. Legal basis: Subsection 3.6, Section 3, Part II, Decision No. 3808/QD-BVHTTDL.

What documents are required in the dossier for amending the Establishment License of a foreign advertising enterprise’s representative office?

The dossier consists of one (01) set, including: The application form (Form No. 04 issued with Circular No. 13/2023/TT-BVHTTDL) and a certified copy of the previously issued Representative Office Establishment License. Legal basis: Subsection 3.3, Section 3, Part II, Decision No. 3808/QD-BVHTTDL.

How long does it take to process the procedure for amending the Representative Office Establishment License?

The processing time is 10 days from the date the competent authority receives a complete and valid dossier. Legal basis: Subsection 3.1, Section 3, Part II, Decision No. 3808/QD-BVHTTDL.

What is the state fee for the procedure of amending the Representative Office Establishment License?

The fixed fee for amending and supplementing the license is VND 1,500,000 per license. Legal basis: Point b, Clause 1, Article 4, Circular No. 165/2016/TT-BTC.

How must an enterprise submit the dossier to amend the license?

The enterprise or its authorized representative must submit the dossier directly to the headquarters of the provincial-level People’s Committee where the representative office is located. Legal basis: Subsection 3.2, Section 3, Part II, Decision No. 3808/QD-BVHTTDL.

Conclusion

The amendment and supplementation of a Foreign Ad Rep Office License is a legal procedure that requires strict compliance with dossier and procedural regulations. To ensure the process is smooth, efficient, and lawful, seeking a professional consulting firm is an optimal solution. Clients are encouraged to contact Long Phan Consulting Company via hotline: 1900636389 for prompt and in-depth support.